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Plain Talk

Plain Talk

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Plain Talk is a podcast hosted by Rob Port and Chad Oban focusing on political news and current events in North Dakota. Port is a columnist for the Forum News Service published in papers including the Fargo Forum, Grand Forks Herald, Jamestown Sun, and the Dickinson Press. Oban is a long-time political consultant.©2025 Forum Communications Co. Ciencia Política Ciencias Sociales Política y Gobierno
Episodios
  • 620: 'This panel has represented George Floyd protesters and they have represented January 6 defendants'
    Jul 16 2025
    Public defenders working in the federal system representing indigent defendants aren't getting paid. The federal government ran out of money, as my colleague April Baumgarten reported recently. That's a big problem. Every American accused of a crime has a right to counsel, and while you might think that public defenders are just for poor people, they actually represent most people accused of a crime. In North Dakota, the precentage of criminal defendants represented by a public defender is north of 80%. In the federal system, nationwide, it's around 90% Jason Tupman said on this episode of Plain Talk. Tupman is the top federal public defender for the North Dakota and South Dakota district (full disclosure: my sister works as an investigator for Tupman's office). "There will be consequences," he said of this lack of funding. "I think they are not just short-term, either." The federal employees in Tupman's offices cover about 2/3's of the cases in North and South Dakota, with the rest going to private sector attorneys who participate in what's called the Criminal Justice Act Panel. Right now, those panel lawyers won't be getting a check until October 1, though given the chaos in Washington D.C. right now, there's not a lot that's certain. Tupman, and Mark Friese, a prominent defense attorney from the Vogel Law Firm who is a representative on the CJA Panel, say that lawyers are beginning to turn down these cases. That means delays in the criminal justice process for defendants, which in turn means more costs associated with things like pre-trial detention. Also, it may also mean that they're assigned by lawyers from other areas, who may struggle to provide adequate counsel, which in turn may result in more appeals and procedural delays. We are currently having a rollicking debate about the federal debt and deficits, but delays or cuts in funding for federal public defenders could actually end up costing the taxpayers more. Tupman points out that the work of his office isn't political. "This office and this panel has represented George Floyd protesters and they have represented January 6 defendants," he said. "This is a non-political group...who represent individuals, treat them with dignity, and do so every day pretty quietly. To not pay them for the work they've already done can be crippling. Crippling to them and crippling to our future functioning." Friese, meanwhile, pointed out that even when the feds are paying the bills, they're far below what private sector attorneys can otherwise earn. "A lot of your listeners are going to say, $175 an hour, that's crazy," he said referring to the rate at which panel attorneys are compensated. "That's less than half the market rate. That's less than half the prevailing rate if you were to come to me in my private practice to hire me for representation." "When I take my car in the mechanic shop, the prevailing rate in in North Dakota is 150 bucks an hour," he continued. "So, we're paid $25 more an hour than a mechanic shop, essentially." Also on this episode, co-host Chad Oban and I talk about my criticism of the Turtle Mountain Band of Chippewa's lawsuit over redistricting (Chad thinks I'm full of it) and we also give some praise to the North Dakota Chamber of Commerce for their efforts to promote civics. If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode. To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below. Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive
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    58 m
  • 619: 'Conservation sometimes becomes the dog that everybody can get behind kicking'
    Jul 11 2025

    One proposal in the recently passed "big, beautiful bill" that didn't make it to the finish line was an amendment from Utah Sen. Mike Lee, which would have jump-started a sell-off of federally owned lands.

    On this episode of Plain Talk, John Bradley, executive director of the North Dakota Wildlife Federation, talked about that victory, and also discussed the place in politics conservation issues often find themselves.

    "Conservation sometimes becomes the dog that everybody can get behind kicking," he said.

    Bradley expressed a desire for public lands to become a "third rail" issue that politicians are "terrified to go after," but also acknowledged that there are instances where some sales make sense.

    He says there is, in existing law, a process for selling or swapping out federal lands, and while he admits that it can be bureaucratic, he also says that it's important that all interested parties are involved in that process.

    Bradley also discussed his group's recent criticism of North Dakota's congressional delegation's support for using the Congressional Review Act to rewrite federal land use rules that the delegation says are too arduous for the energy industry and other interests. He called the approach "scorched earth," arguing it "wipes that entire process" and assumes D.C. politicians "know better" than local experts.

    Also on this episode, we discussed the hard feelings between Attorney General Drew Wrigley's office and the North Dakota Ethics Commission, as well as news that millions in federal dollars for after school programs in North Dakota have been frozen.

    There are "crickets from the congressional delegation in terms of unfreezing this money," my co-host Chad Oban said of the situation. "Crickets from the governor's office to unfreeze this money. Crickets from the superintendent of public instruction."

    "I understand that [Superintendent Kirsten Baesler] is trying to get a job in Washington, but if our superintendent of public instruction is not screaming and yelling to unfreeze these dollars, I'm not sure she can be doing her job," he added.

    "Our congressional delegation should be pounding on the door of OMB and the Department of Education getting this money to our kids in North Dakota, but everybody's afraid of Trump," he continued.

    If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode.

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    1 h y 8 m
  • 618: Legislature stepped up with funding to move public defenders 'in the right direction'
    Jul 9 2025

    The criminal justice system is often where public policy debates, from civil rights to addiction, converge. It's also critical for ensuring accountability when the government oversteps. North Dakota's Commission on Legal Counsel for Indigence, led by Director Travis Finck, headed into this year's legislative session facing a "perilous situation," that was dangerously close to a "constitutional failure" due to a lack of resources, leaving many without legal counsel.

    But lawmakers stepped up. The Finck and his fellow public defenders received a 20% budget increase, amounting to an additional $4.5 million over their 2023 budget. The budget boost is moving the agency "in the right direction," Finck said on this episode of Plain Talk.

    This funding has tangible impacts on recruitment and retention. Frink notes the agency can now offer higher salaries, implementing a new compensation plan to put them "on par with places like the attorney general’s office." Previously, they weren't even "in the same stadium," Finck said.

    The agency is now projected to be fully staffed by September, a stark contrast to the 25-30% vacancy rate prior to the session. Beyond attorneys, the budget also allowed for hiring two new investigator positions, increasing their statewide total from one to three.

    Legislative support also provides a crucial morale boost. Applicants, even from out of state, recognize that the North Dakota legislature "acknowledges the public defenders exist…and the important role they play," Finck said. This commitment fosters a client-centered culture, attractive to new law school graduates, emphasizing the profound impact public defenders have.

    Looking forward, Finck emphasizes that while the progress is significant, the job isn't done. Future goals include hiring more investigators for thorough case reviews and developing "holistic approach" models to provide services such as housing and job assistance, to reduce recidivism. The agency also seeks to re-evaluate reliance on user fees and eliminate remaining fines, asserting that constitutional rights should not be funded by those exercising them.

    Also on this episode, co-host Chad Oban and I discuss the turmoil in Minot's recent mayoral elections, which included one of the candidates, Rob Fuller, suggesting I illegally accessed public records about his arrest for domestic violence. We also talked about the ongoing (and very tiresome) Armstrong veto controversy, and we react to some listener feedback.

    If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode. To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below.

    Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive

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    1 h y 3 m
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